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Survive, Thrive Die. Law in End Times.

Law and Society Association of Australia and New Zealand (LSAANZ) Conference Abstracts

Following is a list of all abstracts with summary accepted for presentation at the Law and Society Association of Australia and New Zealand  (LSAANZ) 2019 Annual Conference. Abstracts are sorted alphabetically by paper title. Click on the title or ‘read more’ link to see full information.  You can also locate papers by using the A-Z index of all abstracts by title or the A-Z index of all authors and institutions.

The end of social reproduction? Neoliberalism, crises of care & new dilemmas of reproductive labour

Angela Kintominas University of NSW As part of the broader turn in critical scholarship away from materialist thinking in favour of postmodern constructionism, social reproduction theory was accused of being too broad, totalising, functionalist and biologically determinist. Perhaps most existentially, it was faulted for being unable to satisfactorily illuminate the complex interrelationship between race, class and gender. Originating in the ‘wages for housework’ activism of the 1970s,...

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The end of theory? The pressure toward a ‘vocational’ education. Architecting Justice: “Whoever acts with consideration acts with delight”

Marcus Edwards University of Tasmania Beginning with Lisa Landrum’s attentiveness to the architecting of theoria, we enter the shared space of Monderman, via the inscription on Giotto’s Justice of Padua above, to arrive at the troubling intersection of law, vocation, and justice in the book of Jonah. In each of these vignettes a ‘wondrous spectacle is witnessed’ wherein the life of a community is re-choreographed in beneficial, though not undemanding and uncontested, ways. Marcus Edwards has...

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The End of Truth, Fake News and Online Identity: Dave Eggers’s The Circle

Professor Jaroslav Kušnir University of Prešov, Slovakia In his The Circle, Dave Eggers depicts the world´s most influential internet company which is able to control private lives of the employees through advanced computer technologies, but also world's politics. This control is also possible because of the constant manipulation with information on private lives of characters, but also through fake information, news and their fast distribution. This paper will analyze Eggers's depiction of...

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The Ideological Influence of Gross National Happiness on the Administration of Criminal Justice in Bhutan

Karma Tshering University of Queensland The proposed presentation relates to one of the theoretical frameworks of the PhD thesis. The presentation will seek to explore the ideological influence of Gross National Happiness (GNH) on the administration of the criminal justice system in Bhutan, with a special focus on self-representation by criminal defendants (SRLs). The presentation will use the development philosophy of GNH to examine the ensuing role and duty of the courts in Bhutan to...

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The Legal Limits of Malleable Memory: International Cultural Heritage Law and Transitional Justice

Dr Lucas Lixinski Faculty of Law, University of NSW Cultural heritage and other memorialisation processes play a key role in how transitional societies (that is, societies overcoming a past of dictatorship or conflict) come to terms with a violent past, and the law dictates the boundaries within which these processes can take place. This paper investigates how cultural heritage law shapes memory and identity, and can be used to create safeguards against the resurgence of violence, in...

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The Right to Continuous Improvement of Living Conditions in ICESCR Article 11(1) – Radical or Rapacious?

Dr Jessie Hohmann Faculty of Law, University of Technology Sydney This paper seeks to understand the forgotten right to continuous improvement of living conditions in ICESCR Article 11(1).  What might such a right mean?  How should it be understood? And how could it be translated into actual social change?  In a world where inequality is growing, and we are confronted by our unsustainable impacts on the planet, the right to the continuous improvement of living conditions can seem both naively...

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The right to social security in the Philippines: Promises and disappointments

[icon name="home" class="" unprefixed_class=""] Panel Home: The end of economic inequality? Discussions about social security systems in Australian and international contexts Gemma Rodriguez Griffith Law School From 1945 to 1966, the Philippines government was engaged in drafting and formulating the text enshrining the right to social security for inclusion in the 1948 Universal Declaration of Human Rights and in the 1966 International Covenant on Economic, Social and Cultural Rights. However,...

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The role of victim’s lawyers in criminal proceedings in the Netherlands and the EU

[icon name="home" class="" unprefixed_class=""] What's the good of lawyers? Panel Home Nieke Elbers Netherlands Institute for the Study of Crime and Law Enforcement Iris Becx VU University Amsterdam Sonja Meijer . Arlette Schijns . Arno Akkermans . The Dutch legislator has financially invested in access to lawyers for victims of severe crimes. The aim was to stimulate victims’ access to their rights, specifically for victims of severe crimes and sex offences. This paper investigates the extent...

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The State of Exception and the False-Self System

Benjamin Cherry-Smith University of the Sunshine Coast Society demands the individual’s presence. Through this demand, the individual must present themselves within the confines of the dominant discourse, crafting what is known as a ‘false-Self’. This paper argues that ontological security theory must expand and incorporate Ronald Laings’ concept of the false-Self system – which can be understood to be the society. The false-Self system is a natural creation of a group of subjects that seek to...

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The temporalities of the state, the project, and climate change in the recovery from disaster

[icon name="home" class="" unprefixed_class=""] Panel home: Climate change, ‘natural’ disasters and law beyond the state Dr Caroline Compton UNSW Law, University of New South Wales In midst of a disaster triggered by a natural event, recovery unfolds on multiple scales. National and local governments can articulate long term recovery plans, which – increasingly – incorporate climate adaptation programming. These plans can be years in the delivery. Humanitarian workers deliver projects, with...

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The Theological-Juridical Apparatus of the Will: Three considerations in relation to Agamben’s concepts of action, end and inoperativity

Dr Timothy Peters School of Law and Criminology, University of the Sunshine Coast These reflections consider Giorgio Agamben’s analysis of the will-action-imputation apparatus in Karman: A Brief Treatise on Action, Guilt and Gesture. I seek to situate Agamben’s analysis in this work in the context of 1) the medieval debates over the theologies of will; 2) the significance of these debates for developments of will as central to the Western tradition of jurisprudence; and 3) critical...

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The vulnerability of the Aboriginal people in relation to land and customary rights

Dr Loganathan Krishnan Monash University Malaysia There are approximately 178,197 aboriginal people in Malaysia out of a population of 32 million which makes them the smallest community. They live in the wilderness for generations with a unique blend of lifestyle with nature. Nevertheless, their lifestyle is viewed as laidback and outmoded, unsuitable to contemporary times. Moreover, there are gradual and constant pressures on them to adopt a modern lifestyle considering the socio-economic...

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Too little-too late? The last wave of Nazi trials in Germany

Dr Kerstin Braun University of Southern Queensland The Nuremberg Trials (1945-1949), carried out to prosecute high-ranking Nazi party officials, military officers and other key players for their involvement in war crimes, have attracted much global attention. A recent suite of Nazi-trials occurring in Germany since the early to mid- 2010s, as well as the actual and legal problems associated with these trials, have not received the same amount of interest on a worldwide scale. This paper...

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Touching the Law

Thomas Giddens University of Dundee In witnessing the marks left by design activity—be it on paper or in the built or digital environment, or elsewhere—we are connected and given the conditions of our existence. Visual design maintains a community of subjects who exist and are constituted in relation to it. This is significantly true in relation to the visual design at play in the state legal institution, which—given its prominent place in the constitution and regulation of human and social...

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What about the boys? Masculinities discourses in legal approaches to HPV vaccination for boys

Joanne Stagg Griffith University State-funded Human Papilloma Virus vaccinations are offered in many countries.  Decisions about offering vaccination, vaccination procedures, vaccination promotion and consent processes are steeped in stereotyping of women and awareness of hegemonic masculinities. Using a Foucauldian feminist approach combined with approaches from masculinity studies, this paper will explore how processes for and decisions about vaccinating boys for HPV often reinforce...

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What good would lawyers do?

[icon name="home" class="" unprefixed_class=""] What's the good of lawyers? Panel Home Dr Robyn Holder School of Criminology and Criminal Justice, Griffith University Proposals for lawyers to represent victim/witnesses in criminal proceedings fail to ask what good they would do. These also generally fail to grasp the extensive literature critiquing the legal profession - whether as entrepreneurs, as social justice warriors, or as technicians – how they construct the ‘field’ (Bourdieu, 1986),...

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What is a Document? Australian First Nations peoples’ use of legal documentary practices

Dr Trish Luker University of Technology Sydney In May 2017, over 250 First Nations delegates gathered at the National Constitutional Convention at Mutitjulu on Anangu lands, and produced the ‘Uluru Statement from the Heart’. The statement calls for the establishment of a Makarrata Commission, a First Nations voice enshrined in the Constitution. The statement was brought into life over three days of discussion, accompanied by songs of country. It was produced as a canvas document with painting...

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What’s the good of lawyers? (PANEL HOME)

Dr Robyn Holder Griffith University Dr Nieke Elbers Netherlands Institute for the Study of Crime and Law Enforcement Iris Becx VU University Amsterdam Juliet Davis Griffith University Tyrone Kirchengast (Panel Chair) University of Sydney Different areas of law have regularly heard argument for less law and fewer lawyers. These argue law’s role in containing, re-negotiating and shaping inter-personal, social, economic and political relations, and consequently critique the role of law’s...

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